Review and analysis of assessment/parenting capacity reports from private and government agencies
A poorly conducted and flawed child custody evaluation or parenting capacity study can have damaging and long lasting effect on a family in crisis, especially for the children. In most contested child custody battles where emotions run high there can be a number of difficult issues ranging from domestic violence, to parental alienation, allegations of sexual abuse and mental illness. In the midst of litigation, a considered and professional evaluation is sometimes extremely difficult.
For social workers and other professionals involved in custody and access evaluations to adequately operate in the best interest of children, it is necessary for them to understand all of the dynamics and circumstances surrounding custody evaluations, placements schedules and issues relating to laws. Because much is at stake, including the potential for lawsuit against those professionals involved, it is the responsibility of professionals from mental health, mediation, family and conciliation courts and family law to be adequately trained in these areas and to provide their services in the most professional and exacting standards.
Although there are a number of highly qualified persons who strive hard to do their jobs in a very professional manner, unfortunately, there are a number who for various reasons do not. Some child custody evaluation reports and parenting studies have been found so flawed that children have been seriously physically and emotionally harmed afterwards as a result of the recommendations in a custody assessor’s report. Some children have reported to our agency of being coerced by assessors to take a position which favors only one of the child's parent and others have reported being intimidated by the assessor. Cases have been reported of custody assessors being so afraid of having anyone know that the children have disclosed to them, that they have gone to court to fight against audiotaping or videotaping their interview with children, even when the children were in favor of it!
Those who feel that their family has been adversely affected by a flawed custody evaluation or parenting capacity report can arrange to have their reports evaluated by one of our evaluation teams using very exacting standards. Not only will we review your report but we will re-interview children and collateral witnesses (including videotaped interviews) where it may be felt that an assessor may have failed to include critical information or not reported on the wishes and preferences of the child. We will also assist you to find a legal professional to launch a lawsuit against an assessor should harm have been done to your children as a result of a flawed or biased report.
During our assessment evaluation process subject reports will be reviewed based on criteria and information relevant to the following subject areas and more:
Report process
Does the assessor draw conclusions - do the conclusions make logical sense in relation to the problems identified
Did the assessor interview all collateral witnesses or were some excluded?
Did the assessor make reference to scientific studies, literature or journals when he/she made recommendations
Recommendations - Do the assessor's recommendations make logical sense in relation to the problems identified
Conclusions - do the conclusions in the report make logical sense based on the information gathered.
Wishes and preferences of the children - were they accurately conveyed in the report
False and misleading information - did the assessor make any false or misleading information in his/her report.
Did the assessor back up his/her conclusions and recommendation with scientific studies, literature or journals.
Causes and solutions to family conflict - Did the assessor analyze what was the cause of family conflict.
Did the assessor consider Hostile-Aggressive Parenting during his/her
Parental Alienation
Best interests of the child criteria
International treaties including United Nations Convention on the Rights of the Child
Joint Senate/House of Commons Committee on Custody and Access report “For the Sake of the Children”
Rights of children criteria
Canadian Bill of Rights (1960)
The Canadian Charter of Rights and Freedoms
Code of Ethics and Standards of Practice for the Ontario College of Social Workers and Social Service Workers
Children’s Law Reform Act
Family Law reform Act
Social Worker and Social Service Work Act, 1998
Rules of Civil Procedure relating to custody assessments
Supreme Court of Canada case law
Parenting Plans
Systemic bias
Writing a report to the court
Community expectations
Reviewing the Curriculum Vitae of the assessor
Interviews, behavioural observations and collateral contacts
Code of Ethics and Standards of Practice for the Ontario College of Social Worker and Social Service Workers
Upon the completion of our review we will prepare a comprehensively written report, including findings and recommendations for submission to a court of law, complaints tribunal or other public review agency. Should you require a person to testify in person then the review will be provided under a sworn affidavit.
If you are interested in learning more custody and parenting evaluations then you may wish to attend one of our information workshops on this subject. For further information about our workshops check the link below: